Terms and Conditions for Digital Product (Guided Meditation MP3 Download)
Effective Date: Date of Purchase
By purchasing and downloading the guided meditation MP3 (the "Product") from Spiral and Bloom Embodiment Sanctuary ("we," "us," or "our"), you (the "Customer") agree to comply with and be bound by the following Terms and Conditions. Please read these Terms carefully before completing your purchase.
1. Product Description
The Product consists of a guided meditation track available for digital download in MP3 format. Upon purchase, you will be provided with a download link to access the file.
2. License and Usage Rights
Upon purchase, you are granted a non-exclusive, non-transferable, and revocable license to download and use the Product for personal, non-commercial purposes only. You may not:
* Resell, redistribute, or sublicense the Product.
* Modify, adapt, or create derivative works of the Product.
* Use the Product for any illegal or unauthorized purpose.
This license is for personal use only. Any commercial use, including using the Product in a professional setting (e.g., meditation classes, workshops, etc.), requires prior written consent from Spiral and Bloom Embodiment Sanctuary.
3. Payment and Delivery
* All payments must be made via the payment methods provided on the checkout webpage.
* Upon successful payment, you will be directed to a page with a download link and will receive an email with a download link to the Product.
* The Product will be available for download for 7 days after purchase. After this period, the download link may expire, and you will need to contact us for assistance.
4. Refund and Return Policy
Due to the nature of digital products, all sales are final. We do not offer refunds or exchanges once the Product has been downloaded, except in cases where the file is defective or corrupted. If you encounter issues with the file, please contact us within 7 days of purchase, and we will make reasonable efforts to resolve the issue.
In accordance with California Civil Code Section 1749.5, the provision above is not intended to waive or limit your rights under California's consumer protection laws.
5. Copyright and Ownership
The Product is protected by copyright and other intellectual property laws. The ownership of the Product remains with Spiral and Bloom Embodiment Sanctuary. You do not acquire any ownership rights to the Product upon purchase. Unauthorized use of the Product may violate copyright laws and result in legal action.
6. Privacy
We are committed to protecting your privacy. Any personal information you provide to complete your purchase will be handled in accordance with our Privacy Policy.
California Consumer Privacy Act (CCPA): In compliance with the California Consumer Privacy Act (CCPA), California residents have specific rights regarding their personal data, including the right to access, delete, or opt-out of the sale of their personal information. For more information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.
By purchasing the Product, you consent to the collection and use of your personal information as described in our Privacy Policy.
7. Limitation of Liability
To the maximum extent permitted by law, including California Civil Code Section 1750 et seq., Spiral and Bloom Embodiment Sanctuary will not be held liable for any indirect, incidental, special, or consequential damages arising out of your use or inability to use the Product. This includes, but is not limited to, loss of data, income, or profit, whether in contract, tort, or otherwise.
8. Technical Requirements
The Product is delivered in MP3 format, and you are responsible for ensuring that you have the necessary hardware and software to download and play the file. We recommend that you check your device's compatibility before purchasing.
9. Modifications to Terms
Spiral and Bloom Embodiment Sanctuary reserves the right to update or modify these Terms and Conditions at any time. Any changes will be posted on this page, and the effective date will be updated accordingly. It is your responsibility to review these Terms periodically.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Fresno, California.
11. Arbitration and Dispute Resolution
In the event of a dispute, you agree to resolve the dispute through binding arbitration, rather than in court, in accordance with the rules of the American Arbitration Association (AAA). You further agree that, except as otherwise provided in this Agreement, arbitration will be conducted on an individual basis, and class actions or class arbitrations are not permitted.
12. California Residents - Consumer Rights
Under California law, you may be entitled to the following rights:
* California's "Shine the Light" Law: California Civil Code Section 1798.83 provides California residents with the right to request information about how we share personal data with third parties for their direct marketing purposes. To make such a request, please contact us at joanne.lai@spiralandbloom.com.
* California Consumer Privacy Act (CCPA): As mentioned, California residents may request to access, delete, or opt-out of the sale of personal information. For details, please refer to our Privacy Policy.
13. Contact Information
If you have any questions or concerns regarding these Terms and Conditions or your purchase, please contact us at:
Spiral and Bloom Embodiment Sanctuary
Email: joanne.lai@spiralandbloom.com
Phone: +1 (559) 554-1628
Address: 440 West Shaw Avenue, Fresno, CA 93704